Switch criminal lawyers without losing sight of your case

First determine which problem you want to solve

Write down specifically what you are missing: a call-back appointment, an explanation of the file, a cost overview or a substantive discussion about the defense. This will allow you to better assess whether a new conversation with the current lawyer will help. An unfavorable development in the case does not automatically mean that the assistance is inadequate.

You don't have to ignore a trust issue. It does help to clarify the desired change before you approach a new office. For example, ask who can be reached, how documents are discussed and who will appear at the hearing. The new lawyer must know what you practically expect from the collaboration.

First ask if the new lawyer can take the case

A request for an initial consultation is not a confirmed acquisition. The new lawyer must be available and be able to assess whether he can accept the assignment. Therefore, immediately state the public prosecutor's office number, the nature of the suspicion and all known dates, without unnecessarily sending out the complete file.

Ask for a clear order confirmation. The practitioner, activities and financing agreements should be recognizable. Agree from whence the new office will take effect. Do not terminate the existing collaboration under the assumption that a no-obligation introduction has already replaced the ongoing defense.

Make an overview of what needs to be done soon

Put the hearing, interrogation, decisions received and any legal remedy deadlines on one timeline. Indicate which action has already been performed and which is still open. A transfer does not move a hearing date. A request for postponement must also be assessed and submitted separately.

Have both offices confirm who is performing an urgent action during the transition. This can be more important than the date on which a digital file is sent. Discuss the preparation time for an upcoming hearing. Read the points for attention about postponement of a criminal hearing without assuming approval.

What should be transferred with the file?

The NOvA describes that lawyers consult with each other during a takeover to inform the successor about the state of the case. So it's about more than just forwarding files. Outstanding requests, agreements made and planned activities must also be clear to the new practitioner.

Ask whether the most recent legal documents are available, what additions are still expected and how the own submitted documents are included. A copy of old documents is not automatically the current version. Save your own correspondence and record questions with document date and page number. More about this can be found in the criminal file.

An addition must be included when switching

If the current lawyer worked with an addition, give the number and the decision to the new lawyer. The Council has a procedure for changing an addition during succession. Have the new office explain what is being requested. Simply agreeing that you want to stay pro deo is not enough.

In the event of a regular takeover, a personal contribution without discount may again apply. Before agreeing, ask whether this is applicable in your situation and who will invoice what amounts. If criminal assistance is assigned, other rules may be relevant. Read the explanation about the personal contribution next to your individual decision.

Keep the final settlement separate from the defense

Ask the old office what work has been carried out and whether a final settlement will follow. Ask the new office what costs it charges for takeover and preparation. An advance, outstanding personal contribution and commercial time declaration are different items that you must be able to understand separately.

An unpaid invoice can lead to discussion about the file. The NOvA has rules for this, including delivery to the successor lawyer under the terms of the dean in the event of an appeal to a right of retention. Have a dispute about this resolved via the correct route; do not assume that this will cause process data to expire.

Confirm the transfer with a short written message

Once the new assignment has been finalized, you can confirm in writing that you want to switch and give permission for the necessary transfer. Mention both offices, the file number and the known next appointment. Request confirmation of receipt and agree who will inform the police, Public Prosecution Service or court about the change.

Do not include extensive substantive allegations in the transfer notice that would make the process confusing. A complaint about services deserves its own, careful treatment. The immediate goal is to ensure that documents and responsibilities are in the right place. Save a copy of the confirmed appointments for later.

After the transfer, check what is still missing

Schedule a first substantive meeting at the new office. Ask whether the file has been received, the case has been registered and the next step is known. Discuss expectations about feedback. Another firm can assess the existing legal starting position, but not promise a different outcome just because it takes over the case.

A short checklist prevents you from getting stuck between two offices. Have answers to important points recorded and work with one current contact address. Report changes in accessibility immediately. Particularly in a criminal case, a letter or telephone appointment can unintentionally remain with the old practitioner.

• New lawyer has confirmed the assignment and availability.
• Session dates and current terms are explicitly stated.
• File, additions and outstanding requests are transferred.
• Addition, personal contribution and costs have been discussed.
• Everyone knows who informs authorities and carries out the next step.